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This article addresses whether a creditor in The Netherlands may claim both, the contractual penalty and the statutory (commercial) interest.

This brief article discusses why companies are required to lay down activities with their sole shareholder in writing, otherwise the sole shareholder risks that agreements concluded with the company can later be successfully annulled (mostly by the trustee in a bankruptcy).

The Sarbanes-Oxley Act requires the audit committees of boards of public companies to establish procedures for the receipt and handling of whistleblower complaints regarding questionable accounting practices, including anonymous reports. This article explains the essential features of a compliant complaint procedure and offers a plan for guiding the audit committee through the implementation process.

During emergency events or routine spills, in-house counsel will need to understand the applicable reporting laws. Here's a practical checklist of key regulatory requirements to simplify reporting.

This is a sample group sales agreement involving a convention center.

Despite your best efforts, there is always a possibility that an inspection from the US Occupational Safety and Health Administration will arrive on your company's doorstep. Don't be intimidated by the prospect. By having a pre-established understanding of OSHA and how its investigations impact company operations, legal departments can take preventative measures to mitigate the risk of a citation or subsequent litigation.

The Tax Laws and Jobs Act is the most comprehensive tax reform in 30 years. As such, reviewing existing international structures is critical for businesses to anticipate the impact of the Act on their global effective book and cash tax rates. Though legislative technical corrections and regulatory guidance might affect the Act, legal departments should not wait for such guidance before taking action.

Since 2011, the US Securities and Exchange Commission has received over 18,000 whistleblower tips, with 4,200 occurring in 2016 alone. The evidence is undeniable: Agency whistleblower and bounty programs are here to stay, and legal departments should invest in effective internal compliance programs to keep reports within the company and out of the newspapers.

Imagine receiving a request from your sales department to approve a possible client's non-disclosure agreement - an agreement that you must approve and sign in order for the client to meet with the department. While the NDA is quite similar to your own, it is missing specific terms and conditions and could therefore present some serious risks for your company. This article explores what in-house counsel can do to mitigate these risks.

When it comes to ediscovery, small and medium businesses (SMBs) tend to be at a greater disadvantage than large enterprises. And the risks of poorly managing data are not to be taken lightly: reactive cost burdens, monetary penalties and even default judgments. Learn to develop programs and policies that are applicable to your organization, and that will flex as it evolves over time. After all, the key isn’t perfection, but rather uniformity and consistency achieved through organization.

Litigation is a necessary expense in today’s business environment. Prepare your board for possible litigation before it becomes reasonably foreseeable by educating them on the broad range of risks faced by the company, and creating a set of protocols to manage risk.

Cyberthreats cannot be eradicated, but they can be managed. Every in-house counsel should be able to answer the following questions: What should my company do to prepare for a data breach, and how can I help?

Before inter partes reviews (IPRs), filing a patent demand letter or district court complaint often led to a long and costly road of uncertainty. But now, IPRs have significantly reduced to the cost to challenge questionable patents, opening the floodgates to increased infringement claims. Here's how the first five years of IPRs might impact future processes.

This is a sample group sales agreement regarding guest room commitment.

Eighth edition of the Getting the Deal Through Anti-Corruption Regulation Guide, a volume that provides international analysis for corporate counsel, cross-border legal practitioners and business people.

Getting the Deal Through is delighted to<br />publish the ninth edition of Arbitration, a<br />volume in our series of annual reports,<br />which provide international analysis in<br />key areas of law and policy for corporate<br />counsel, cross-border legal practitioners and<br />business people.

The 2012 amendments to the American Bar Association Rules amended the comments to Rule 1.1 to say: "A lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology." What does the change mean for attorneys in general and specifically in-house counsel? What technology is out there that in-house counsel can use to more efficiently run their departments? This interactive roundtable session will focus not only on the potential ethical implications of technology but on how the legal department can work with the IT manager or chief information officer to cooperatively achieve results in the areas of litigation holds, data security, review of IT-related contracts, document retention, and internal investigations. Faculty will provide guidance on explaining the contract terms and legal risks to your IT department and answer important questions like: What questions do I need to ask my IT department to properly evaluate the risks and contract terms? What happens if the product or service does not perform as expected? The panel will also examine everything from apps that improve efficiency to document management system tools that help with litigation.

How to navigate the new H-1B visa requirements so that you can bring (and keep) the best and brightest nonimmigrant specialists on board.

This article explains and demystifies cybersecurity for senior management and directors by identifying the steps global companies must take to address, mitigate, and respond to the risks associated with data security.

Much of the litigation that global corporations face involves rapidly changing areas of the law that could affect shareholder earnings in a major way. In a high-stakes matter, therefore, your team of outside lawyers should include someone who is an expert at guiding a case through the appellate process.

Changing your governance strategy is hard, let alone adjusting it in the middle of a global pandemic. In this article, in-house counsel will learn how to navigate virtual board meetings and the legal context in which to analyze their governance plans. This article was originally published in May 2020.

Ever find yourself in need of a friend (of the court, that is)? ACC is your advocate in the public arena on issues affecting your ability to practice law as an in-house counsel. In this article, the Board Policy Committee chair outlines ACC’s stances and how the association can help you and your client.

Research shows that highly engaged teams significantly outperformed those in the bottom quartile. Here’s how to increase collaboration and find the leaders who will drive the cause.

Sample RFP questions covering potential supplier's background, operational philosophy, system and software demonstration, and effectiveness assessment process.

This guide explores common issues related to corporate investigations across multiple jurisdictions.

Topics covered include internal investigation, self-disclosure to enforcement authorities, investigation process, confidentiality, and attorney-client privileges.

Qatar continues to implement new legislation aimed at liberalizing the business environment for foreign investors and to introduce additional incentives and exemptions. This resource is a quick overview of the Foreign Investment Law and how investors can capitalize across all sectors in Qatar.

The Swedish parliament passed a bill which implements the EU directive (2019/1152) on Transparent and Predictable Working Conditions. This directive was introduced with the objective of raising employment standards throughout the EU with more transparent and predictable conditions of work. Based on these changes you should update your employment contract templates and also your HR guidelines where relevant.

A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of college athletes, could upend the structure of college sports and have unintended immigration consequences for international athletes competing at U.S. schools.

This is a sample of data map use cases.